LAWS(P&H)-2016-1-408

SURINDER @ MAHENDER Vs. STATE OF PUNJAB AND ANOTHER

Decided On January 11, 2016
Surinder @ Mahender Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) Prayer made in the present petition filed under Art. 226/227 of the Constitution of India read with Sec. 482 Cr.P.C and Sec. 3(1)(b) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 (for brevity "the Act"), is for release of the petitioner on account of marriage of his daughter, namely, Priya, which is scheduled to be held on 20.01.2016.

(2.) Learned counsel for the petitioner contends that in para No.1 of the petition, it has been stated that though the petitioner was convicted and sentenced imprisonment for life, but in fact, he has been convicted and sentenced for 10 years and to pay a fine of Rs. 1,00,000.00 Against the judgment of conviction dated 22.10.2009, the petitioner has filed CRA-S- 3104-SB-2009, which has been admitted and is pending for final adjudication before this Court. He further submits that the marriage of the daughter of the petitioner, namely, Priya has been scheduled to be held on 20.01.2016. He being the father is required to perform many rituals and ceremonies. Therefore, he has requested respondent no.2 to grant parole of four weeks to the petitioner for making arrangements of his daughter's marriage, but the same has not been decided. He further submits that the Act provides for temporary release of a prisoners for good conduct on certain condition.

(3.) Sec. (3) (1) (b) of the Act 2 which is relevant in the present case, reads as follows :-